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DelawareHB 346153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SEXUALLY TRANSMITTED DISEASE PREVENTION AND CONTROL.

Sponsored By: Eric Morrison (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 6 benefits, 0 costs, 1 mixed.

Confidential infection care extends to minors

Qualified health professionals and facilities can examine and treat minors for sexually transmitted infections, as well as diseases. Existing Delaware minor-consent rules govern this care. Consultations, exams, and treatment remain private except for disclosures allowed by law.

Fewer forced infection exams and treatments

The law repeals specified powers to force exams, inspect medical records, require treatment, or restrict people's conduct for communicable sexually transmitted diseases. It also removes those sections' isolation, quarantine, emergency custody, and related court-order procedures for known or suspected cases. Public-health investigators lose this law's special permission to draw blood without otherwise being licensed. These repeals remove the specific powers in these sections, not every public-health power under other laws.

Required infection care in correctional custody

Delaware's Department of Correction must ensure needed exams, treatment, and cure when possible for people with known or suspected sexually transmitted infections or diseases. Care must follow accepted medical practice and Division of Public Health protocols. Medical staff must notify public health when someone is released before completing appropriate treatment, counseling, or examination. The Division can review relevant medical information to check compliance.

Required infection testing offers during pregnancy

Providers caring for pregnant people must offer testing for infections, including syphilis, gonorrhea, chlamydia, hepatitis, and HIV. Testing must be offered as early as possible at intake and at intervals recommended by the American College of Obstetricians and Gynecologists. Pregnant patients can refuse testing or recommended treatment, and providers must record the refusal. When testing is refused, providers must explain the risks of missed or untreated infections and record that counseling.

Stronger privacy for patients' infection records

The law extends privacy protections to public-health records about known or suspected sexually transmitted infections, alongside diseases and HIV. Allowed releases include data that does not identify people, consent-based releases, medical emergencies, and specified medical or official uses. Official uses include enforcing the law, investigating child abuse, and maternal and child death reviews. Court-ordered release requires a compelling need that cannot be met another way. Court filings must use substitute names, and the person must receive notice and a chance to participate. Hearings are private unless privacy is waived or a public hearing is necessary; courts must limit access and further sharing. Health officers and employees generally cannot be forced to testify about these records without consent, except for listed legal disclosures.

Clearer treatment instructions for sexual partners

Providers using expedited partner therapy must give sexual partners written guidance about avoiding sex during and after treatment. The materials must explain abstaining until treatment is complete and through the recommended period afterward. This therapy allows partners to receive treatment without a separate clinical visit.

New infection reporting rules and fines

Delaware defines sexually transmitted infections separately from diseases, which involve signs, symptoms, or test findings caused by an infection. Suspected cases can include sexual contacts, people with positive findings, or people linked to cases through public-health evidence. Health professionals, covered facility administrators, and labs must report infections and diseases designated as reportable. The law removes the former 1-working-day deadlines and the option to report some diseases by number only. The health department sets reporting methods and binding rules for checking diagnoses, investigating infection sources, and controlling spread. These rules must follow Delaware's communicable-disease procedures and account for each infection's nature and circumstances. After notice of a reportable case or suspected case, the public health director or a designated employee must act. General violations carry fines of $100–$1,000 per offense; violations of the reporting section carry fines of $25–$200. Each day a violation continues is a separate offense, and justices of the peace hear these cases.

Sponsors & Cosponsors

Sponsor

  • Eric Morrison

    Democratic • House

Cosponsors

  • Frank Burns

    Democratic • House

  • Daniel Cruce

    Democratic • Senate

  • Mara Gorman

    Democratic • House

  • Kendra Johnson

    Democratic • House

  • DeShanna U Neal

    Democratic • House

  • Marie Pinkney

    Democratic • Senate

  • Laura V. Sturgeon

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 59 • No: 0

Senate vote • 6/23/2026

Passed (2/3 required)

Yes: 21 • No: 0

House vote • 5/5/2026

Passed (SM required)

Yes: 38 • No: 0

Actions Timeline

  1. Signed by Governor

    7/23/2026Governor

  2. Passed By Senate. Votes: 21 YES

    6/23/2026Senate

  3. Reported Out of Committee (Health & Social Services) in Senate with 7 Favorable

    5/20/2026Senate

  4. Assigned to Health & Social Services Committee in Senate

    5/5/2026Senate

  5. Passed By House. Votes: 38 YES 3 ABSENT

    5/5/2026House

  6. Reported Out of Committee (Health & Human Development) in House with 2 Favorable, 7 On Its Merits

    4/22/2026House

  7. Introduced and Assigned to Health & Human Development Committee in House

    4/9/2026House

Bill Text

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